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YETO  MESSAGE. 

EXECUTIVE  DEPARTMENT,         . 
Richmond,  Feb.  1st,  1862.  5 

To  the  Confederate  Congress  :  -^ 

I  return,  with  my  objections,  the  Bill  passed  by  you,  en- 
titled "  An  Act  to  provide  for  granting  furloughs  in  certain 
cases," 

Before  proceeding  to  lay  before  you  the  special  objections 
entertained  to  the  provisions  of  this  Bill,  it  is  proper  that  I 
should  express  the  firm  conviction  that  it  is,  from  the  nature 
of  things,  impracticable  to  administer  an  army  in  the  field, 
by  statute.  The  Constitution  vests  in  the  Congress,  the 
power  "  to  make  rules  for  the  Government,  and  regulation 
of  the  land  and  naval  forces."  None  can  deny  the  wisdom 
of  this  provision,  nor  the  propriety  of  the  exercise  of  this 
power,  by  the  Congress,  in  its  full  extent ;  but  there  is  an 
obvious  distinction  between  making  rules  for  the  govern- 
ment of  the  army,  and,  undertaking  to  administer  the  army 
by  statute. 

When  rules  are  established  for  the  regulation  of  such  mat- 
ters as  are  in  their  nature,  susceptible  of  fixed  and  unvary- 
ing application,  there  can  be  no  impolicy  in  providing  them 
by  statute.  Thus,  we  have  by  law,  fixed  guides  for  organi- 
zation, for  the  composition  of  the  difi'erent  corps,  for  the 
number  of  officers  and  their  grades,  for  the  respective  duties 
assigned  to  the  staff  in  its  several  branches  and  numerous 
like  provisions  that  remain  in  force,  in  all  localities,  in  the 
presence,  as  well  as  the  absence,  of  the  enemy,  and,  uninflu- 
enced by  the  exigencies  of  any  particular  occasion. 

But  there  are  other  matters  which  are  essentially  admin- 
istrative in  their  character,  and  are  not  susceptible  of  being 
determined  by  the  rigid  prescriptions  of  statutes,  which  ex- 
ecutive ofiicers  are  bound  to  obey,  under  all  circumstances, 
and  without  the  exercise  of  any  discretion.  Suppose  Con- 
gress should  attempt  to  fix,  by  law,  of  what  a  camp  equip- 
age should  always  consist,  or  the  precise  kind  and  quality 
of  clothing  to  be  furnished  or  the  exact  amount  and  kind  of 


transportation  to  be  allowed  for  each  icgiracnt,  is  it  not  ob- 
vious that  these  details  depend  so  entirely  on  time,  place  and 
circumstance  and  are  so  essentially  variable  in  their  charac- 
ter that  the  uniform  compliance  ■with  such  laws,  would  be 
practically  impossible.  Suppose  Congress  should  establish 
by  law  the  precise  proportion  of  infantry,  cavalry  and  artil- 
lery to  be  attached  to  each  body  of  troops  in  service,  this 
would  not  be  a  rule  for  the  Government  of  the  arm}^  but  an 
attempt  at  a  statutory  administration  of  it,  Avhich  could  not 
but  be  found  impolitic,  even  if  it  were  practicable. 

Now,  the  act  in  question,  presents  precisely  the 
same  objectional  features.  It  establishes  a  rule  over  which 
there  is  no  discretionary  power  under  any  circumstances 
whatsoever ;  by  which  a  commanding  General,  in  the  face  of 
superior  numbers,  and  with  his  capacity  for  defence  taxed  to 
the  utmost,  may  find  his  forces  still  further  reduced  by  the 
action  of  his  subordinate,  not  only  against  his  consent,  but 
without  his  knowledge  and  in  ignorance  of  his  necessities 
and  the  purposes  of  their  Government.  No  more  striking 
example  could  be  afforded  of  the  impolicy  of  such  a  law, 
than  is  presented  by  our  condition  at  this  time.  Our  armies 
are  in  force  inferior  to  the  enemy  at  the  two  points  mo<t 
vital  to  the  defence  of  the  country.  The  enlistment  of  the 
twelve  months  men  is  soon  to  expire,  and,  in  order  to  secure 
their  entry  for  a  furtlier  term  into  the  service,  you  have 
directed  that  furloughs  be  granted  to  them  as  far  as  com- 
patible with  the  safety  of  the  respective  commands. 

If  the  bill  in  question  becomes  a  laAV,  it  will  at  once  be 
necessary  to  diminish  the  number  of  furloughs,  which  might 
otherwise  be  granted,  as  inducement  to  re-enlistments,  and, 
to  that  extent,  the  attainment  of  this  most  desirable  object 
must  be  obstructed.  From  the  West  and  from  the  South, 
from  many  and  important  points,  urgent  calls  for  reinforce- 
ment are  received  by  the  Department  of  War,  which.it  is 
not  possible  to  satisfy.  At  this  crisis,  without  any  check  or 
control  by  commanding  Generals,  five  per  cent,  of  their 
effective  forces  would  be  withdrawn  under  the  provisions  of 
this  bill.  With  conflicts  impending  against  an  enemy 
greatly  our  superior  in  numbers,  our  safety  is  dependent  on 
keeping  in  the  field  every  effective  man  that  can  be  furnished 
with  a  weapon ;  this  bill,  therefore,  it  seems  to  me,  is 
most  inopportunely  presented. 

If,  from  these  general  objections,  we  turn  to  the  details 
of  the  bill,  other  considerations  are  presented  which  would 


3 

alone  prevent  my  giving  it  approval.     Tliey  may  be  stated 
briefly  as  follows,  viz  : 

First.  The  furlough  for  disability  is  to  be  granted  upon 
the  surgeon's  certificate,  not  of  the  vital  necessity  for  leave 
of  absence,  but  of  the  surgeon's  opinion  that  the  patient's 
"  health  would  be  improved  by  a  temporary  sojourn  at 
home>"  It  is  plain  that  every  man  in  the  array,  to  whose 
health  camp  life  was  thus  believed  to  be  detrimental,  could 
at  once  demand  a  furlough  under  this  provision. 

Second,  The  Colonel's  power  to  grant  a  furlough  on  such 
•a  certificate,  as  is  above  mentioned,  is  without  the  check  or 
control  of  higher  authority,  and  is  unlimited  as  to  time  and 
to  number  of  cases. 

Third.  Any  soldier,  that  can  get  the  certificate  of  any 
hospital  surgeon,  can  be  sent  home  on  furlough  or  dis- 
charged Avithout  the  knowledge  or  consent  of  any  of  his 
officers,  either  company  or  regimental.  The  surgeon  has 
only  to  certify  that  the  soldier  •'  is  too  remote  from  his  com- 
manding officer  to  procure  his  certificate  for  a  furlough  or 
discharge  without  inconvenience  and  delay." 

When  troops  are  in  the  field,  it  is  always  true  of  a  soldier 
in  hospital,  that  the  commanding  officer's  certificate  cannot 
be  obtained  "  Avithout  inconvenience  ^id  delay,"  so  that  the 
soldier,  absent  from  camp,  can  always  get  a  furlough  or  dis- 
charge Avithout  the  knoAvledge  of  his  commander. 

Fourth.  The  large  number  of  soldiers,  that  Avill  be  con- 
stantly traveling  on  the  railroads  on  the  proposed  system  of 
a  ten  days'  furlough  for  five  per  cent,  of  all  the  effective 
men,  together  with  the  sick  leaves  provided  for,  Avill  form 
an  average  of  probably  not  less  than  fifteen  or  tAventy 
thousand  men  in  constant  movement.  This  would  occupy 
the  transportation  facilities,  already  much  too  limited,  to 
such  an  extent  as  seriously  to  impair  the  movement  of 
troops  and  supplies. 

In  Avhatever  aspect  the  proposed  legislation  is  contem- 
plated, I  cannot  view  it  otherAvise  than  as  dangerous  to  tho 
public  safety,  and  I  most  earnestly  recommend  that,  in 
taking  it  again  into  consideration,  Congress  will  Aveigh  any 
possible  advantage  that  can  result  from  this  measure  agains't 
the  disasters,  that  are  not  only  the  possible,  but,  as  it  ap- 
pears to  me,  the  probable  results  of  its  adoption. 

JEFFERSON  DAVIS. 


A  BILL 

To  be  entitled  an  Act  to  provide  for  Granting  Furloughs  in 
certain  cases. 

Section  1.  Tlie  Congress  of  tJie  Confederate  States  of  Ame- 
rica do  enact.  That  whenever  the  surgeon  attached  to  any 
regiment,  battalion  or  separate  post  shall  certify  that  any 
private  or  non-commissioned  officer  of  such  regiment,  batta- 
lion or  separate  post  is  incapable  of  performing  military 
duty  by  reason  of  sickness,  and  that  the  health  of  said  pri- 
vate or  non-commissioned  officer  will,  in  his  opinion,  be  im- 
proved by  a  temporary  sojourn  at  home,  the  colonel  or  other 
officer  commanding  such  regiment,  battalion  or  separate  post, 
may  grant  a  furlough  to  said  private  or  non-commissioned 
officer,  for  such  time  as  may  be  thought  proper  by  said  colo- 
nel or  other  commanding  officer :  Provided,  That  upon  the 
certificate  of  the  principal  surgeon  of  any  Government  hos- 
pital, that  any  sick  or  disabled  soldier  is  too  remote  from  his 
commanding  officer  to  procure  his  certificate  for  a  furlough 
or  discharge,  without  inconvenience  and  delay,  such  soldier 
may  be  furloughed  or  discharged  upon  the  recommendation 
of  such  surgeon,  by  the  commandant  of  the  nearest  post. 

Sec.  2.  Whenever  it  shall  appear  from  the  written  state- 
ment of  any  private  or  non-commissioned  officer  of  any 
regiment,  battalion  or  separate  post,  approved  by  the  cap- 
tain or  other  officer  commanding  the  company  to  which  said 
private  or  non-commissioned  officer  is  attached,  that  it  is 
indispensable  to  the  pecuniary  or  family  interest  of  said 
private  or  non-commissioned  officer  that  he  should  visit 
home,  the  colonel  or  other  officer  commanding  such  regi- 
ment, battalion  or  separate  post,  uaay,  in  his  discretion, 
grant  a  furlough  to  said  private  or  non-commissioned  officer 
for  a  period  not  exceeding  ten  days,  with  an  allowance  of 
such  additional  time  as  may  be  required  for  him  to  reach 
home  and  return  to  his  post :  Provided,  however.  That  said 
colonel  or  other  commanding  officer  shall  not  grant  furloughs, 
for  the  cause  and  in  the  manner  stated  ii^  this  section,  to  such 


number  as  to  exceed,  at  any  time,  five  per  cent,  of  the  force 
actually  under  his  command. 

Sec.  3.  In  all  cases  -where  furloughs  shall  be  granted  un- 
der this  act,  the  notice  of  such  furlough,  required  by  existing 
regulations,  shall  be  given. 

Congress,  January  1G,  1862. 

Read  first  and  second  times. 

January  22,  1862. 

Read  third  time  and  passed, 

J,  J.  Hooper, 

Secretary. 


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